Thoughts of an activist lawyer

Moro-Moro

The moro-moro is back. It’s now playing in Malacañang and its lead star is Zaldy Ampatuan. It’s entitled: “give me immunity and I will tell you the truth”.First, there is the attempt to mislead. Zaldy Ampatuan, co-accused in 58 counts of murder in a massacre that has the notoriety of being attributed to his family name, says that all he wants is “to reveal the truth”. But because this may involve implicating his father and his siblings, he wants to be put in Witness Protection. And yes, according to him, he’s not for asking anything in return. True? Nope. Definitely false. By invoking the Witness Protection Program, Zaldy in effect, wants testimonial immunity for the massacre. This is because according to the law, all those who have been admitted into the Witness Protection Program (WPP) should no longer be charged by government prosecutors for the crime on which he will be testifying. Those already charged should be removed from the list of accused with the government prosecutors moving the court to withdraw the information against the admitted witness. What he should be asking for—if he is genuine and sincere in his effort to reveal the truth—is plain and simple police protection. But of course, in an effort to deceive the public, he mentions the program but claims he wants nothing in exchange.

Then he claims that while he had no participation whatsoever in the planning or the execution of the massacre, he nonetheless acquired information about the massacre after it had happened. This information apparently would prove the criminal culpability of his kin. Well, if this is indeed the case, then the more reason he should not be admitted into the WPP. This is because the WPP, like the Rules of Court on the discharge of an accused as a state witness, requires that the testimony of the person sought to be discharged should be indispensible. After, acquired information about the massacre simply will not fall in this category. In fact, Zaldy’s testimony, whatever it may be, is plain and simple, superfluous. Since he was not indicted as one of the participants in the actual massacre itself on 33 November 2009 but as a co- conspirator in the planning of the same, all that he could testify on are facts relating to the conspiracy. But the prosecution already has at least three witnesses to prove that conspiracy. There is Lakmudin Saliao, the household help who testified there were at least two meetings presided over by Andal Sr., wherein the clan planned the massacre. Saliao positively testified that Zaldy was present and actively participated in these two meetings. There is also the testimony of Kenny Dalagdag who, in addition to be being a participant in the actual shooting, also said in his sworn statement that Zaldy and his father were also present in these preparatory meetings. There are also the further testimonies of at least two policemen corroborating the details of the planning. This is why no less than Justice Secretary Leila De Lima has said that the prosecution no longer needs the testimony of Zaldy. Thanks but no thanks!

The truth of the matter is that the entire Ampatuan clan, and not just Zaldy, appears desperate to have one of them released. Why? For the obvious reason that with the patriarch and Zaldy both behind bars, the clan’s vast financial and political assets are in disarray. Unless one of them is released, and it may as well be Zaldy since he’s the only educated member of the clan, all their assets, including the frozen ones, may all come to naught.

The timing? Well, the Ampatuan name, apart from being synonymous with the massacre, is also notoriously linked to elections. So what better timing than now when the ARMM elections may just happen what with Senator Aquilino “Nene” Pimentel’s petition in the Supreme Court questioning the law postponing the holding of the ARMM elections? It’s ironic the Pimentel’s petitioners include Pax Mangundadatu, PDP-Laban gubernatorial candidate for ARMM and uncle of some of the victims of the massacre.

Then the next intriguing issue: why is no less than the Palace involved in this mess? Note that when we, the people, only learned about Zaldys’ attempt to buy immunity when journalist Gil Cabacungan Jr., quoting Palace sources, wrote that the President already denied the request since it had too many conditions. My instinct then was: who on earth brought Zaldys’ concern to the Palace? Prosecuting the Ampatuan during the GMA administration would have been impossible because of acknowledged ties between Arroyo and the clan. But the Ampatuans apparently continue to be influential in PNoy’s Malacañang. They’re certainly influential enough to have his request for immunity brought directly to the attention of the President, even by-passing the Department Secretary who has jurisdiction over the matter: Secretary De Lima. But there was the good secretary, searching for words, apparently kept in the dark when asked about Zaldy’s bid.

Well the dead rat is out. Secretary Edwin Lacierda, contemporary of Atty. Howard Calleja, Zaldy’s counsel at the Ateneo Law School, declared brazenly that the Palace remains open to Zaldy’s offer. Huh? But didn’t the Chief Executive already reject the said offer? Apparently not. This is why impunity persists in this country.

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13 comments on “Moro-Moro”

Again I agree with you that Zaldy’ Ampatuan offer to be a witness against his father and siblings can be likened to a Trojan Horse. I formerly admire Lacierda and Robredo but with their accomodating statements in favor of Zaldy a large chunk of my admiration with them was remove.

What good is a good president if 99.99% of Filipinos are not good still holds true ! That is why benign0_The_Turd is dilly-dallying his customs appointments and less project because benign0 with all his low intelligence knows that anything Filipinos touch turns into corruption.

Why benign0_The_Turd entertained Zaldy’s offer. Or, was it benign0 that sought Zaldy for the state witness offer? Since we have totally biased media we don’t know what has gone down. Could benign0 knew they do not have a case agaisnt the Ampatuans because of lack of forensics mostly witness account and affidavit-of-guilts

People of the Philippines should know that very very very few are done by invistigations THEY ARE MOSTLY CONFESSIONS. Something is wrong. And the wrongs are obvious but Filipinos fail to see it. Well, they are Filipinos and they think like Filipinos so they deserve justice-Filipino-style

Floridians are asking for the retrial of Casey Anthony and to be held in the Philippines. As responsible and logical people knows that Casey Anthony and OJ Simpson got off the hook because of forensics. In Ampatuan case forensics is absent. Been two years and there has not been ballistic tests on 1,500 firearms seized during the raid at the Ampatuans. To date the glorified lawyers and invsitigators cannot present the weapons of crimes and tests.

What is going on with Benign0_The_Turd ? He is flip-flopping on state witness status of Zaldy. Two days ago Malacanang sayd Zaldy will be a State Witness. A day after they said “NO” and poor Robredo and Lacierda got a goot spanking from bloggers. Yesterday, Malacanang released a Fresh Release that said Zaldy will testify in favor of Malacanang. AND TODAY, they said “NO” . What is going on ? Like what I told you guys, FLIP is the appropriate derogatory word for Filipijnos. They flip-flop around.

..BBC reports-that the hope of change in the Philippines is almost zero–but I doubt anyone cares anymore. http://www.bbc.co.uk/news/world-asia-pacific-14196401——human Rights Watch says activists in the Philippines are still being killed with impunity, despite the president’s campaign pledge to end such violence.
In a new report, the campaign group says it has evidence that the military was involved in seven killings and three enforced disappearances.
Each of these occurred since President Benigno Aquino took office last year, the group says.
When President Aquino came to power, he promised a change from the old regime.
The administration of his predecessor, President Gloria Macapagal-Arroyo, had been accused of turning a blind eye to the deaths and disappearances of hundreds of people.
But according to Human Rights Watch, these abuses are still continuing.
Most of the victims – now as before – are left-wing activists and outspoken journalists.
Their families often blame the military or police of involvement.
The security forces deny the claims or say those who died were communist rebels.
In one example, Mercy Dejos has described how she found the bodies of her husband and son.
“Rudy has wounds on his back that went right through his throat. His fingernail was missing. He also had marks on his arms.
“When I saw Roderick, he was lying on the ground. And Roderick was also kicked and hit with the butt of a gun.
“I’m hoping that justice will be served for both my husband and my son,” Mrs Dejos said.
Very few such cases are brought to court.

If it happened on GMA watch, they’d blame GMA. Since it happend on Benign0_The_Turd, the Rubber-Stamp-President-to-the-Oligarchs whose mother, annointed Saint, Cory Aquino awarded the Oligarchs the 1987 non-compete designer Constitution which gives them 60 for them and 40 to others and 100% ownership of pathetic peryodiko run by equally pathetic clueless, oblivious peryodistas that practice unintelligent self-censorship. GANDA PILIPINAS ANOH ?

The only solution to Philippine malady is not government run by Filipinos, it should be OUTSOURCED TO BURMA or VIETNAM. To get instantaneous change for the best, OUTSOURCE THE PHILIPPINES TO NORTH KOREA ! Very effective.

The only solution to Philippine malady is not government run by Filipinos, it should be OUTSOURCED not TO BURMA or VIETNAM. BUt to new zealanders ;very dry; very dour ; but very efficient at public administration

It’s getting embarrassing enough going to Chinatown. One chinaman shooed me like a dog. Being a Filipino has become an unfortunate circumstance with irresponsible Filipinos breeding in leaps and bounds. There cannot be anymore excuses, outsourcing the government from presidency to barangay captain is the best bet. Any countries that will take us in is fine because Filipinos only “stand behind the yellow line” when they are abroad. To this date the police cannot name me a person who were pulled over wang-wanging down the street. Of course, no right thinking police would pull-over a wang-wanger. They are powerful, wealthy, well-connected to Malacanang. If ever they do pull them for benign0’s anti-wang-wang, they’ll be assigned to spratleys shooing away Chinamen with top-of-the-line pumpboats.